Local governments in Ontario must be transparent and accountable. However, municipal councils, local boards and their committees must meet behind closed doors on occasion to consider some matters.
The permitted reasons for going into a closed meeting session are:
- The security of property of the municipality or local board;
- Personal matters about an identifiable individual, including employees;
- A proposed or pending acquisition or disposition of land;
- Labour relations or employee negotiations;
- Litigation or potential litigation
- Advice that is subject to solicitor-client privilege;
- A matter authorized by another provincial statute;
- If the subject matter relates to a request under the Municipal Freedom of Information and Protection of Privacy Act; or
- The meeting is held for educating and training and no member discusses or deals with a matter in a way which materially advances the business or decision-making of the council or local board.
The Province of Ontario has set the rules for a council, local board or a committee to go into a closed meeting session. These rules are found in section 239 of the Municipal Act, 2001, as amended. They must be strictly followed.
Only those issues which fall within the ‘closed meeting permitted reasons’ can be dealt with at the closed meeting session. All other matters must be deliberated by council or a committee at an open meeting.
Before council, a local board or a committee begins the closed meeting session, it must pass a resolution at a public meeting indicating that a closed meeting is being held and the general nature of the matter of which is to be considered. A closed meeting shall not be held by council, a local board or committee before this resolution is passed.
Any person has the right to request an investigation as to whether the municipality, local board or committee complied with the closed meeting rules established by the Province of Ontario or the Town’s Procedural By-law 2023-18. A request must be submitted in writing and should be directed to the municipal clerk unless there is provision for it to be sent directly to the municipality’s investigator.